Nothing to hide : the false tradeoff between privacy and security / Daniel J. Solove.

Format:

Book

Author/Creator:

Solove, Daniel J., 1972-

Language:

English

Subjects (All):

Privacy, Right of--United States.

Privacy, Right of.

Law enforcement--United States.

Law enforcement.

National security--Law and legislation--United States.

National security.

Physical Description:

1 online resource (256 p.)

Edition:

1st ed.

Place of Publication:

New Haven [Conn.] : Yale University Press, c2011.

Language Note:

English

Summary:

"If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this important book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. The debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one value and the other. Why can't we have both? In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn't fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. "Nothing to Hide" makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy. "

Contents:

The nothing-to-hide argument

The all-or-nothing fallacy

The danger of deference

Why privacy isn't merely an individual right

The pendulum argument

The national-security argument

The problem with dissolving the crime-espionage distinction

The war-powers argument and the rule of law

The Fourth Amendment and the secrecy paradigm

The third party doctrine and digital dossiers

The failure of looking for a reasonable expectation of privacy

The suspicionless-searches argument

Should we keep the exclusionary rule?

The first amendment as criminal procedure

Will repealing the Patriot Act restore our privacy?

The law-and-technology problem and the leave-it-to-the-legislature argument

Video surveillance and the no-privacy-in-public argument

Should the government engage in data mining?

The Luddite argument, the Titanic phenomenon, and the fix-a-problem strategy.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

ISBN:

1-280-57174-8

9786613601346

0-300-17725-9

OCLC:

923596313